Att Edinburgh the third day of Febrwary J^aj vi^c nyntie eight yeirs

D1698/2/4

D1698/2/4¹

Decreet

Interloquitor In the process Kinfauns Against Phinhaven to prodwce his doughter²

The lybell at the instance of The Laird of Kinnfauns and his curators for ther interests against the Laird of Phinaven Mrs Jean Carnegie his doughter Jennet Broune his Servitrix and Mr John Grub minister at Dathlaw being this day called in presence of the Lords of his majesties privie Counsell And the persewer compearing personallie with Sir James Stewart his majesties advocat Sir Patrick Home his majesties Sollicitor Mr Heugh Dallrimple Mr David Dallrimple his advocats and Mr James Carnegie of Phinhaven one of the defenders Compeareing also personallie and the rest of the defenders being all Laufullie cited oft tymes called and not compeareing and Sir David Thores Mr David Cuningham and Mr William Aikman Compeareing as advocats for the haill defenders And the advocats upon both sydes being heard without readeing of the lybell and it haveing gone to vote whither Phinhaven Should be ordained to prodwce the said mistres³ Jean Carnegie his doughter it was caryed in the affirmative and it being moved whither Phinhaven Should give bond to produce his said doughter against this day eight dayes under the penaltie of Ten Thowsand merks Scotts or otherwayes that he Should instantly goe to prisone ther to ly untill he produce her it was caried that he should presently give bond in the termes foirsaids or otherwayes goe to prisone the saids Lords of his majesties privie Counsell doe heirby ordaine the said Mr James Carnegie of Phinhaven instantly to give bond and find Sufficient Cautione acted in the books of privie Counsell That he Shall Sist and produce the persone of the said Mrs Jean Carnegie his doughter in presence of the saids Lords of privie Counsell at the Councell barr upon this day eight dayes being the Tenth day of Febrwary instant And that wnder the penaltie of Ten Thowsand merks Scotts or otherwayes in caice of faillzie appoints the Macers of Cowncell to carie the said maister James Carnegie of Phinhaven to the tollbwith of Edinburgh therin to remaine prisoner till furder order of Cowncell